Cadyville Construction Lawyer, New York
Includes: Construction Contracts, Construction Liens, Housing & Construction Defects
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James William Clute
Landlord-Tenant, Wills, Family Law, Personal Injury
Status: In Good Standing Licensed: 50 Years
121 Bridge Street, Plattsburgh, NY 12901
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LEGAL TERMS
BREACH OF CONTRACT
A legal claim that one party failed to perform as required under a valid agreement with the other party. For example you might say, 'The roofer breached our con... (more...)
A legal claim that one party failed to perform as required under a valid agreement with the other party. For example you might say, 'The roofer breached our contract by using substandard supplies when he repaired my roof.'
HOMEOWNERS' ASSOCIATION
An organization comprising neighbors concerned with managing the common areas of a subdivision or condominium complex. These associations take on issues such as... (more...)
An organization comprising neighbors concerned with managing the common areas of a subdivision or condominium complex. These associations take on issues such as salting and sanding a subdivision when it snows and collecting dues from residents. The homeowners' association is also responsible for enforcing any covenants, conditions & restrictions that apply to the property.
FAIR HOUSING ACT & FAIR HOUSING AMENDMENTS ACT
Federal laws that prohibit housing discrimination on the basis of race or color, national origin, religion, sex, familial status or disability. The federal Acts... (more...)
Federal laws that prohibit housing discrimination on the basis of race or color, national origin, religion, sex, familial status or disability. The federal Acts apply to all aspects of the landlord/tenant relationship, from refusing to rent to members of certain groups to providing different services during tenancy.
ASSIGNMENT
A transfer of property rights from one person to another, called the assignee.
CONDITIONS OF CARRIAGE
The terms of your contract with an airline after you buy a ticket. Conditions of carriage cover everything from baggage limitations to the amount of compensatio... (more...)
The terms of your contract with an airline after you buy a ticket. Conditions of carriage cover everything from baggage limitations to the amount of compensation you can recover if you're injured on the flight. These provisions often vary from airline to airline. A few, but by no means most, conditions of carriage appear in the fine print on the back of your ticket. To find out about the rest, you can ask the airline for a copy; it is legally obligated to provide one. The conditions of carriage contain a lot of fine print detail and will not make for exciting reading.
DIRECT EXAMINATION
At trial, the initial questioning of a party or witness by the side that called him or her to testify. The major purpose of direct examination is to explain you... (more...)
At trial, the initial questioning of a party or witness by the side that called him or her to testify. The major purpose of direct examination is to explain your version of events to the judge or jury and to undercut your adversary's version. Good direct examination seeks to prove all facts necessary to satisfy the plaintiff's legal claims or causes of action -- for example, that the defendant breached a valid contract and, as a result, the plaintiff suffered a loss.
UNCLEAN HANDS
A legal doctrine that prevents a plaintiff who has acted unethically in relation to a lawsuit from winning the suit or from recovering as much money as she woul... (more...)
A legal doctrine that prevents a plaintiff who has acted unethically in relation to a lawsuit from winning the suit or from recovering as much money as she would have if she had behaved honorably. For example, if a contractor is suing a homeowner to recover the price of work he did on the home, his failure to perform the work as specified would leave him with unclean hands.
PRECEDENT
A legal principle or rule created by one or more decisions of a state or federal appellate court. These rules provide a point of reference or authority for judg... (more...)
A legal principle or rule created by one or more decisions of a state or federal appellate court. These rules provide a point of reference or authority for judges deciding similar issues in later cases. Lower courts must apply these rules when faced with similar legal issues. For example, if the Montana Supreme Court decides that a certain type of employment contract overly restricts the right of the employee to quit and get another job, all other Montana courts must apply this same rule.
NONCOMPETITION AGREEMENT
An agreement, generally included in an employment contract or a contract for the sale of a business, where one party agrees not to compete with the other party ... (more...)
An agreement, generally included in an employment contract or a contract for the sale of a business, where one party agrees not to compete with the other party for a specific period of time and within a particular area. Salespeople, for example, often sign noncompetition agreements that prevent them from using the contacts gained by one employer to benefit another employer. Or a salesperson may sign what is known as a 'noncompete,' agreeing not to sell within a particular area, or even work in the same type of business. In some states, such as California, courts view noncompetition agreements with disfavor and will not enforce them unless the restrictions are very narrow. In other states, courts routinely uphold them.
SAMPLE LEGAL CASES
Quattrocchi v. FJ Sciame Construction Corp.
ANTHONY QUATTROCCHI, Respondent, v. FJ SCIAME CONSTRUCTION CORP.,
Respondent. FJ SCIAME CONSTRUCTION CO., INC., Sued Herein as FJ SCIAME CONSTRUCTION
CORP., Third-Party Plaintiff-Respondent, v. COMPLETE CONSTRUCTION ...
CONSTRUCTION BY SINGLETREE, INC. v. Lowe
After the completion of discovery, JC moved for summary judgment dismissing, inter alia, the
claims to recover liquidated and compensatory damages for breach of warranty, as set forth in
Lowe's second cross claim, arguing that there was no evidence to substantiate Lowe's ...
Lane v. FRATELLO CONSTRUCTION COMPANY
The Supreme Court erred in granting that branch of the defendants' motion which was to dismiss
the plaintiffs' Labor Law § 241 (6) causes of action against all of the defendants premised on
an alleged violation of 12 NYCRR 23-1.7 (e) (2). 576 Contrary to the defendants' ...
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